{"id":"court_sdny_138_0","court":"SDNY","case_no":"23-cr-00118","doc_number":138,"sub_number":0,"doc_type":"ORDER","filed_date":"2023-09-07","title":"Document 138 ![](_page_0_Picture_3.jpeg)","summary_zh":null,"summary_en":null,"body_en":"# Document 138\n\n![](_page_0_Picture_3.jpeg)\n\nUSDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 9/7/2023\n\n1 (202) 551-1902 nicholasbasset@paulhastings.com\n\nSeptember 2, 2023\n\nVIA ECF\n\nThe Honorable Analisa Torres United States District Judge Southern District of New York\n\n## Re: United States v. Ho Wan Kwok, et al., No. 23 Cr. 118 (AT)\n\nDear Judge Torres:\n\nWe represent Luc A. Despins, in his capacity as the Chapter 11 Trustee\") appointed in the voluntary chapter 11 case (the \"Bankruptcy Case\") of defendant Ho Wan Kwok (the \"Debtor\") pending in the United States Bankruptcy Court for the District of Connecticut (the \"Bankruptcy Court\"). We write in reference to the Debtor's Motion for an Order and Writ Staying Bankruptcy Cases or in the Alternative for Other Relief [ECF No. 129] (the \"Stay Motion\") and co-defendant Yvette Wang's joinder in such motion.\n\nThe Trustee respectfully believes the Bankruptcy Court is the only court that has jurisdiction to consider a stay of the Bankruptcy Case under 28 U.S.C. § 1334 and that the Debtor's filing of the Stay Motion in this Court violates the automatic stay imposed by 11 U.S.C. § 362. Accordingly, on September 1, 2023, the Trustee filed the attached emergency motion in the Bankruptcy Court, asking the Bankruptcy Court to enforce the automatic stay and enjoin the Debtor from further prosecution of the Stay Motion. The Trustee has asked for the Stay Motion to be heard on September 6, 2023, or as soon as the Bankruptcy Court is available.\n\nTo be clear, the Trustee's motion does not ask the Bankruptcy Court to enjoin the alternative relief sought in the Stay Motion to the extent such relief has properly been presented to this Court. In particular, the Trustee has no objection to the Debtor's request for an order modifying the protective order in this case to permit the sharing of information with the Trustee.\n\nIn the event the Bankruptcy Court does not grant the Trustee's motion, or has not ruled on such motion prior to the deadline of September 21, 2023 this Court has set for the Government to file any response to the Stay Motion, the Trustee respectfully requests the opportunity to file a response to the Stay Motion by September 21 and to be heard at any hearing on such motion.\n\nRespectfully Submitted,\n\nBy September 21, 2023, the Trustee may file his opposition papers.\n\nSO ORDERED.\n\nDated: September 7, 2023 New York, New York\n\nCursive signature flourish\n\nANALISA TORRES United States District Judge","body_zh":null,"key_entities":["Torres","Kwok","Ho Wan Kwok","Analisa Torres","Despins","Je"],"ecf_references":[{"doc_number":129,"court":"SDNY"}],"word_count":410,"status":"published","published_at":"2023-09-07 00:00:00","created_at":"2023-09-07","updated_at":"2026-07-06 20:50:39"}